The
Migrant and Seasonal Agricultural Worker Protection Act (MSPA),
administered by the Wage and Hour Division of the U.S.
Department of Labor (DOL), protects migrant and seasonal agricultural workers
by establishing employment standards related to wages, housing, transportation,
disclosures and recordkeeping. MSPA also requires farm labor contractors to
register with the DOL. This Fact Sheet provides information concerning the
transportation requirements of MSPA. Additional information about the other
MSPA requirements can be found in the Wage and Hour Division
Fact Sheet # 49.

MSPA Transportation Safety Standards

Under MSPA, any non-exempt person who uses, or causes to be used, a vehicle to transport migrant or seasonal
agricultural workers must comply with the applicable vehicle safety standards.
Under MSPA, the standards are either the DOL standards or the Department of
Transportation (DOT) standards incorporated by DOL into the MSPA regulations.
Which standard applies under MSPA depends on the type of vehicle and how the
vehicle is to be used, as summarized in the chart below. The chart is an aid
and is not a substitute for the regulatory language. Definitions of the terms
follow the chart.

TYPE OF
VEHICLE

TYPE OF USE & SAFETY STANDARD

75 miles or less*

More than 75 miles
or Day Haul

Passenger automobile

500.104

500.104

Station Wagon

500.104

500.104

Van

10
or fewer passengers

500.104

500.104

More
than 10 passengers

500.104

500.105

“Windowless”
cargo van

500.104

500.105**

Bus

500.104

500.105

Truck/Truck
Tractor/Semi-trailer

500.104

500.105

Pick-up Truck

Workers
riding in cab

500.104

500.104

Workers
riding in truck bed

500.104

500.105

Multipurpose
Passenger Vehicle

Not
meeting truck features

500.104

500.104

Meeting
truck features

500.104

500.105

Low Speed
Vehicle

500.104

500.105

*The mile
limitation applies to the entire trip. One trip may have numerous
intermediate stops and normally ends when the vehicle returns to its
starting point.
**Vans without windows or means to assure ventilation are not permitted.

WHD will use the following descriptions of vehicle types
when enforcing the motor vehicle safety standards in the MSPA regulations. This
information is largely based on USDOT regulations and guidance.

Passenger automobile
a motor vehicle with motive power designed for carrying 10 persons or less
(except a low-speed vehicle, a multipurpose passenger vehicle, a truck, a
motorcycle, or a trailer). This includes a vehicle designated by the
manufacturer as a station wagon.

Bus
a motor vehicle with motive power, except a trailer, designed for carrying
more than 10 persons.

Multipurpose passenger vehicle
a motor vehicle with motive power, except a low-speed vehicle or trailer,
designed to carry 10 persons or less which is constructed either on a
truck chassis or with special features for occasional off-road operation
(e.g. SUV). For MSPA enforcement purposes, a multipurpose passenger
vehicle will be treated as a passenger automobile with the
exception of those that meet the criteria of a truck (see below).

Pickup truck
a truck (see below) whether extended cab, crew cab, etc. When
transporting passengers only within the cab they will be treated
as a station wagon as allowed in 29 CFR § 500.102(f).

Truck
a motor vehicle with motive power, except a trailer, designed primarily
for the transportation of property or special purpose equipment. This
includes a light truck, which is
an automobile (other than a passenger automobile) that meets the
characteristics in either a) or b) below:

a) Designed
to perform at least one of the following functions:

Transport more than 10 persons;

Provide temporary living quarters;

Transport property on an open bed;

Provide greater cargo-carrying than passenger-carrying volume; or

Permit expanded use of the
automobile for cargo-carrying purposes or other nonpassenger-carrying
purposes through the removal of seats by means installed for that
purpose by the automobile's manufacturer or with simple tools, such as
screwdrivers and wrenches, so as to create a flat, floor level surface
extending from the forward most point of installation of those seats to
the rear of the automobile's interior.

b) Designed
for off-highway operation:

§
(i) That has 4-wheel drive; or
(ii) Is rated at more than 6,000 pounds gross vehicle weight; and

§That
has at least four of the following characteristics calculated when the
automobile is at curb weight, on a level surface, with the front wheels
parallel to the automobile's longitudinal centerline, and the tires inflated to
the manufacturer's recommended pressure:

(i) Approach angle of not less
than 28 degrees (see diagram below);
(ii) Breakover angle of not less than 14 degrees (see diagram below);
(iii) Departure angle of not less than 20 degrees (see diagram below);
(iv) Running clearance of not less than 20 centimeters;
(v) Front and rear axle clearances of not less than 18 centimeters each. (See
49 CFR §523.2 for further details.)

A light truck designed to transport more than 10
passengers that meets all the passenger compartment requirements in 29 CFR § 500.105(b)(3)(vi)
and none of the other
characteristics above as a “truck” will be treated as a “bus.”

Van
a light truck (see (a)(5) under truck above). A van with
windows along both sides of the passenger-carrying area which is designed to
carry 10 persons or less will be treated as a passenger automobile or
when designed to carry more than 10 persons will be treated as a “bus” as long
it meets all of the passenger compartment requirements in
29 CFR § 500.105(b)(3)(vi)
and no other “truck” characteristics other than passenger
capacity. A van designed for carrying cargo, typically without windows along
both sides of the passenger-carrying area, is a truck. This regulation
specifically prohibits the use of closed vans without windows or means to
assure ventilation.

Trailer
a motor vehicle with or without motive power, designed for carrying persons or
property and for being drawn by another motor vehicle.

Semi-trailer
a trailer so constructed that a substantial part of its weight rests upon or is
carried by another motor vehicle.

Truck tractor
a truck designed primarily for drawing other motor vehicles and not so
constructed as to carry a load other than a part of the weight of the vehicle
and the load so drawn.

Low-speed vehicle
a 4-wheeled motor vehicle, other than a truck, whose speed attainable in 1.6 km
(1 mile) is more than 32 kilometers per hour (20 miles per hour) and not more
than 40 kilometers per hour (25 miles per hour) on a paved level surface.

“Designed” as used in this fact sheet is restricted to
actions taken by the original manufacturer of the vehicle. Where further
guidance is needed beyond the above definitions, the manufacturer’s designation
of the vehicle type can be determined by researching the specific vehicle
identification number (VIN). Aftermarket modifications or alterations are not a
part of the vehicle design. The driver is included in the term “person” or
“passenger” when determining seating capacity.

MSPA Drivers’ License Requirements

Under MSPA, any non-exempt person who uses or causes to be
used a vehicle to transport any migrant or seasonal agricultural worker is
required to ensure that each driver has a currently valid motor vehicle
operator’s permit or license to operate the vehicle (as provided by applicable
State law). If, for example, State law requires the driver to have a commercial
drivers’ license (CDL) to operate a given vehicle, then the driver must have a
valid CDL before driving the vehicle. In addition, each FLC and Farm Labor
Contactor Employee (FLCE) who drives must have and carry a Doctor’s Certificate
(
WH-515).

MSPA Insurance Requirements

Any person subject to the Act who uses, or causes to be
used, a vehicle to transport covered workers must ensure that the vehicle is
properly insured against liability for damage to persons or property. The
specific insurance requirements are found in the MSPA regulations. Generally,
the owner or lessor of the vehicle will be responsible for providing the
required insurance. Basically, there are three ways in which the insurance
requirement may be met:

·Option A
Obtain vehicle liability insurance coverage in the amount of not less than
$100,000 for each seat in the vehicle (up to a maximum of $5,000,000 for any
one vehicle). The policy must be maintained in full force and effect at all
times for transportation subject to the Act’s requirements.

·Option B
Obtain State Workers’ Compensation insurance coverage. The policy must be
maintained in full force and effect at all times when transportation subject to
the Act’s requirements occurs. If the vehicle is used for transportation not
covered by the State Workers’ Compensation insurance policy, the person
responsible for the transportation must also have vehicle liability insurance
coverage (see Option A above) to protect the workers against injury or property
loss. For those who choose this option, the person responsible for the
transportation must also obtain a minimum of $50,000 in property damage
insurance coverage for loss or damage in any one accident to the property of
others (excluding cargo) or evidence of a general liability insurance policy
that provides the same protection.

·Option C
Obtain a liability bond from a U.S. Department of Treasury approved “surety,”
assuring payment for any liability up to $500,000 for damages to persons or
property arising out of transportation of workers in connection with the
business, activities or operations of the person doing the transporting. Any
liability bond obtained pursuant to the requirements of the Act must be
maintained in full force and effect for the entire period during which workers
may be transported.

Are “Raiteros” Subject to MSPA?

Generally, the term “raitero” refers to a person (usually a
fieldworker) who, for a fee, provides transportation for farm workers both to
and from the work site. Generally, workers are charged a daily roundtrip fee
with the specific amount usually contingent upon the distance traveled. If the
amount charged each worker transported exceeds the actual cost of providing the
transportation, the raitero will most likely meet the MSPA definition of a FLC
(i.e., transporting MSPA covered workers for a fee). In such a case, the
raitero should be registered with DOL as a FLC, and is responsible for
complying with the registration, transportation safety, drivers’ licensing, and
insurance requirements of the Act.

FLC Employees Who Operate Vehicles to Transport Workers

Employees of FLCs who recruit, solicit, hire, employ,
furnish, or transport migrant or seasonal agricultural workers on behalf of
their employer (the FLC), must be registered with the U.S. Department of Labor
as an Farm Labor Contractor Employee (FLCE) prior to engaging in any of those
named activities. To lawfully drive a vehicle used to transport workers, the
FLCE must obtain specific authorization to do so from the USDOL. In order to obtain
the authorization, the FLC must submit documentation showing that the vehicle
is safe and properly insured, and documentation must be submitted by the FLCE
to establish that he or she holds a valid drivers’ license to operate the
vehicle in question.

MSPA Trailer Towing Requirements

Towing a trailer behind any vehicle (other than a truck
subject to DOT standards) transporting MSPA workers is permitted only if it
meets the applicable DOL or DOT safety standards. A truck subject to DOT
standards while transporting MSPA workers may not tow a trailer.

A vehicle transporting MSPA workers and towing a trailer will be examined to insure that both the vehicle and
towed trailer meet the applicable safety standards. Safety standards applicable
to towed trailers include the following:

Additional safety factors to consider include, but are not
limited to, whether workers were transported in the trailer and the overall
safe operation of the vehicle and trailer.

Factors to consider in determining that the vehicle and
trailer have been safely loaded include, but are not limited to, whether the
load has been balanced from side to side and cargo weight distributed evenly
along the length of the trailer; whether items have been secured and braced to
prevent them from moving during travel; and for most situations, whether the
trailer and tow vehicle are level (parallel to the ground) during travel
(information from the trailer manufacturer may be needed to make sure this is
correct for this combination of vehicles). This guidance is based on materials
provided by DOT’s Federal Motor Carrier Safety Administration (FMCSA).

Some states and municipalities may have special requirements
and DOT may have requirements applicable to vehicles under its jurisdiction
that are towing trailers (e.g. some states require brakes on loaded trailers
weighing in excess of a set amount; special permits based on the size and
weight of a trailer; or additional equipment such as side view mirrors).
Vehicles subject to MSPA transportation safety requirements must meet other
applicable Federal and State safety standards.

Vehicles towing trailers must also carry proper insurance
coverage.

Exclusions from MSPA Transportation Requirements

The following types of transportation are not subject to the
requirements of MSPA:

·
Transportation on tractors, combines,
harvesters, pickers, or other similar machinery and equipment if the worker is
actually engaged in the planting, cultivating, or harvesting of any
agricultural commodity or in the care of livestock or poultry; and

·
Bona fide carpooling arrangements in
which the FLC does not participate, including when: the workers make all of the
arrangements themselves; the workers use one of the workers’ own vehicles; and
the workers are not specifically directed or requested by the employer to
participate.

·
Transportation if the only other
occupants of the person’s vehicle are members of his or her immediate family.

Penalties and Sanctions

Violators may be subject to payment of back wages;
assessment of civil money penalties; and/or revocation of FLC registration.
Violators may also be subject to enforcement through civil action in federal
court and criminal prosecution in federal court.

To register as a farm labor contractor, contact either the
nearest office of State Employment Services, listed in most telephone
directories under State government, or the
nearest office of the Wage and Hour Division,
listed under U.S. Government, Labor Department.